# But you said to get a Dr.'s note! **URL:** \ **Category:** Factual Questions\ **Created:** [June 27, 2008, 11:49pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520 "2008-06-27T23:49:07Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![retterath](https://avatars.discourse-cdn.com/v4/letter/r/919ad9/32.png) [@retterath](https://boards.straightdope.com/u/retterath)\ **Post date:** [July 1, 2008, 5:23pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/21 "2008-07-01T17:23:03Z")
[QUOTE=Really Not All That Bright] According to this: [http://www.lni.wa.gov/WorkplaceRights/files/policies/esc6.pdf](http://www.lni.wa.gov/WorkplaceRights/files/policies/esc6.pdf) , your employer is within its rights, I think. I’m on a computer with crappy Foxit Reader so I can’t quote from it, but it says on p.4 that an employer can refuse to allow you to waive your meal period, which would presumably include any portion thereof. Why can’t you just work during the second half of your lunch? [/QUOTE] Working the second half constitutes “free time” and is punishable by termination. That would also result in 30 minutes of “unauthorized overtime” unless I clocked out early. Which is \*\*exactly \*\* what I’ve been doing for the last two years. . . Maybe I’ll just turn to a life of crime. Anybody need some legs broken? Buy two get one free! I have my own tools. 🙂 ---
**Author:** ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)\ **Post date:** [July 1, 2008, 5:59pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/22 "2008-07-01T17:59:27Z")
[QUOTE=retterath] I never claimed to have a medical reason for a short lunch. I was told to get a note from my doctor, so I did. I explained to him the situation, and he said he’d write it. In fact, my Dr. suggested drafting a letter, versus just a note, to make it more formal, and dignified. [/QUOTE] What medical justification does your doctor give? I refuse to write such requests for patients, unless they have legitimate medical needs for the consideration. Doctors who fail to adhere to such standards do their patients and their practice no favors. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [July 1, 2008, 6:27pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/23 "2008-07-01T18:27:27Z")
[QUOTE=retterath] Working the second half constitutes “free time” and is punishable by termination. That would also result in 30 minutes of “unauthorized overtime” unless I clocked out early. Which is \*\*exactly \*\* what I’ve been doing for the last two years. . . Maybe I’ll just turn to a life of crime. Anybody need some legs broken? Buy two get one free! I have my own tools. 🙂 [/QUOTE] Then, if I may suggest - negotiate a short lunch/early day during your next (annual?) review, and suck it up until then. Alternatively, you _should_ be able to get the employer to break up the second half of the break, maybe? ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [July 1, 2008, 6:32pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/24 "2008-07-01T18:32:16Z")
[QUOTE=retterath] I do belong to a union, but they’re just useless bill collectors. That was my first stop. [/QUOTE] Surely there’s wording in your contract, then? ---
**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\ **Post date:** [July 1, 2008, 6:45pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/25 "2008-07-01T18:45:13Z")
[QUOTE=Balthisar] Surely there’s wording in your contract, then? [/QUOTE] My first thought was “this guy ain’t american,” but apparently you are. Maybe it’s a regional thing. None of the jobs I’ve had in the US carried a written contract. None of my US coworkers had one either. Heck, getting copies of the policies that were being applied to me often was like pulling teeth. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [July 1, 2008, 6:58pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/26 "2008-07-01T18:58:18Z")
[QUOTE=retterath] I never claimed to have a medical reason for a short lunch. I was told to get a note from my doctor, so I did. I explained to him the situation, and he said he’d write it. In fact, my Dr. suggested drafting a letter, versus just a note, to make it more formal, and dignified. [/QUOTE] And so you assumed that the doctor’s note could give any reason at all? HR folks have a name for employees like you. 😉 Anyway, I’m not surprised a “doctor’s note” was no more successful than one from Epstein’s mother. “Doctor’s note” in this context generally means a medical certification–not any old note that happens to be written by a doctor. [QUOTE=Nava] None of the jobs I’ve had in the US carried a written contract. None of my US coworkers had one either. Heck, getting copies of the policies that were being applied to me often was like pulling teeth. [/QUOTE] Union contracts are called collective bargaining agreements and they are written. ---
**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\ **Post date:** [July 1, 2008, 7:57pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/27 "2008-07-01T19:57:19Z")
I seem to remember something about federal law that requires non-exempt workers who work for 8 hours a day to receive a one-hour break. This was enforced at my current company when I was non-exempt. Even if that’s not the law, your employer could be under the impression that legally, they are required to give you the one hour break during the day even if you don’t want it. They’re covering their ass from potential legal action. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [July 1, 2008, 7:59pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/28 "2008-07-01T19:59:50Z")
[QUOTE=Skammer] I seem to remember something about federal law that requires non-exempt workers who work for 8 hours a day to receive a one-hour break. This was enforced at my current company when I was non-exempt. Even if that’s not the law, your employer could be under the impression that legally, they are required to give you the one hour break during the day even if you don’t want it. They’re covering their ass from potential legal action. [/QUOTE] 1/2 an hour, not one full hour. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [July 1, 2008, 8:07pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/29 "2008-07-01T20:07:39Z")
> [@](#): > > Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. [http://www.dol.gov/dol/topic/workhours/breaks.htm](http://www.dol.gov/dol/topic/workhours/breaks.htm) ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [July 1, 2008, 8:29pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/30 "2008-07-01T20:29:20Z")
[QUOTE=retterath] I do belong to a union, but they’re just useless bill collectors. That was my first stop. I never claimed to have a medical reason for a short lunch. I was told to get a note from my doctor, so I did. I explained to him the situation, and he said he’d write it. In fact, my Dr. suggested drafting a letter, versus just a note, to make it more formal, and dignified. [/QUOTE] Yeah, this sounds pretty much like fraud to me. I’d probably stop pursuing this avenue if I were you. ---
**Author:** ![MikeG](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikeg/32/4329_2.png) [@MikeG](https://boards.straightdope.com/u/MikeG)\ **Post date:** [July 1, 2008, 8:46pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/31 "2008-07-01T20:46:50Z")
This just sounds like you are pissed at having to stay the extra half hour and want to leave earlier. ---
**Author:** ![Faruiza](https://avatars.discourse-cdn.com/v4/letter/f/ecd19e/32.png) [@Faruiza](https://boards.straightdope.com/u/Faruiza)\ **Post date:** [July 1, 2008, 8:51pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/32 "2008-07-01T20:51:54Z")
[QUOTE=Gfactor] Anyway, I’m not surprised a “doctor’s note” was no more successful than one from Epstein’s mother. [/QUOTE] I apologize for the hijack, but I just _had_ to give a shout out to this. It is the first thing that made me laugh today! I wanted to find a clip from Kotter to illustrate for the uninformed, but I just don’t have the patience to wade through all of the Kotter Youtube clips. None of my searches nailed it. Anyhow, thanks, **Gfactor**! 😃 ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [July 1, 2008, 9:00pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/33 "2008-07-01T21:00:14Z")
[QUOTE=Faruiza] I wanted to find a clip from Kotter to illustrate for the uninformed, but I just don’t have the patience to wade through all of the Kotter Youtube clips. None of my searches nailed it. [/QUOTE] I’m no help for a clip, but here’s the wikipedia summary: > [@](#): > > Epstein’s Catchphrase: > > ``` > * "Hey, Mr. Kotter, I got a note!" > (The phony notes, excusing Epstein from classes and other sundry functions, were always written by Epstein himself, though he claimed they were signed by, as written, "Epstein's Mother". Epstein would lip-synch the wording of the note while Kotter would read it aloud, usually proving the note was written by Epstein himself). > > ``` [Welcome Back, Kotter - Wikipedia](http://en.wikipedia.org/wiki/Welcome_Back_Kotter#Juan_Luis_Pedro_Philippo_DeHuevos_Epstein) ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [July 2, 2008, 1:14pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/34 "2008-07-02T13:14:41Z")
[QUOTE=Nava] None of the jobs I’ve had in the US carried a written contract. None of my US coworkers had one either. Heck, getting copies of the policies that were being applied to me often was like pulling teeth. [/QUOTE] The OP mentioned he was unionized, hence, as **Gfactor** mentions, would have a “contract” in everyday banter. Possibly both local and national contracts. I suggest that he look in his contract, because there may be no wording this allows a variation on lunch or break times. Permitting such a variation may invite the filing of an unfair labor practice with the NLRB by other union members who are jealous of this special treatment. ---
**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\ **Post date:** [July 2, 2008, 1:45pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/35 "2008-07-02T13:45:28Z")
When I worked in a union shop, when the whistle blew, you’d damned well better put down your work for 15 or 30 minutes. Not doing so would get you written up. ---
**Author:** ![cinehead](https://avatars.discourse-cdn.com/v4/letter/c/e79b87/32.png) [@cinehead](https://boards.straightdope.com/u/cinehead)\ **Post date:** [July 2, 2008, 5:03pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/36 "2008-07-02T17:03:49Z")
[QUOTE=susan] When I worked in a union shop, when the whistle blew, you’d damned well better put down your work for 15 or 30 minutes. Not doing so would get you written up. [/QUOTE] Yeah, I’m guessing that the whole problem stems from the union’s CBA. Federal law doesn’t require businesses to grant a full hour for lunch. The union probably negotiated the one hour. While the the previous manager was willing to “look the other way” the new manager doesn’t want to. You really can’t blame the the new manager, by letting the OP take a half hour for lunch he is violating the CBA. My advice is, take it up with the union. It’s possible they could have special wording put in the next CBA that would make an exception and allow you to take the half hour lunch. ---
**Author:** ![retterath](https://avatars.discourse-cdn.com/v4/letter/r/919ad9/32.png) [@retterath](https://boards.straightdope.com/u/retterath)\ **Post date:** [July 2, 2008, 5:35pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/37 "2008-07-02T17:35:06Z")
The contract states something to the effect of no less than 30 minutes and no more than 60. I’ve had one “performance review” ever in my 9 years with the company. They are basically meaningless since rate of pay is based on hours worked rather than actual performance. I know it seems childish and stupid, I’m the first to admit that. But the only reason I even talked to my doctor, was because the company said to. I’m not commiting fraud, or milking the system. I 'm not looking for a payoff. I just want to know what the law actually is. (and I \*am \* researching it myself as well) All I’m doing, is asking the company, “Cite?” ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [July 2, 2008, 5:43pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/38 "2008-07-02T17:43:23Z")
[QUOTE=retterath] I’m not commiting fraud, or milking the system. I 'm not looking for a payoff. I just want to know what the law actually is. (and I \*am \* researching it myself as well) All I’m doing, is asking the company, “Cite?” [/QUOTE] See posts 19 and 29. The law is they can schedule you however they like, subject to some accommodations they might have to make for religious or medical reasons. I’d still like to see what the doctor’s letter said. ---
**Author:** ![retterath](https://avatars.discourse-cdn.com/v4/letter/r/919ad9/32.png) [@retterath](https://boards.straightdope.com/u/retterath)\ **Post date:** [July 2, 2008, 5:44pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/39 "2008-07-02T17:44:28Z")
A couple days ago it got so hot that the birds roosting in the rafters started dropping dead. The company requires a “Dr.'s note” (that is a note written by a Dr., not a ‘medical certification’ :)) to posess bottled water at one’s work station. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [July 2, 2008, 5:46pm UTC](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520/40 "2008-07-02T17:46:26Z")
[QUOTE=retterath] All I’m doing, is asking the company, “Cite?” [/QUOTE] FYI, I personally don’t think you’re being unreasonable. I just don’t think you’re going to get any further with this particular line of inquiry. Out of curiosity, do you have any back problems? If your doctor’s letter says something to the effect that, “taking a half hour lunch and leaving half an hour early would be beneficial with regard to your back injury/complaints/chronic disc degeneration/whatever” it will probably be taken much more seriously. [Previous page](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520.md?page=1) [Next page](https://boards.straightdope.com/t/but-you-said-to-get-a-dr-s-note/454520.md?page=3)